Advocate Suparna Sinha

Questions Answered by Advocate Suparna Sinha

Q: Inheritance of land after death

My grandfather own some land but now he is no more sir I want to know he have three younger brother and one son so I want to know that who deserve that land?? His three younger brother or son?

Advocate Suparna Sinha answered
As per succession act the land of your grandfather will go to his sons, daughters and wife equally if he has died intestate (i.e. Without any will). But the land has to acquired from his own funds and should not be inherited or 'dadalai' property.

Q: How many years of separation can aid in an easy divorce

My brother is living saperate with my sister in law from past 1.5 yrs he want divorce..I have a question that how many years we required to stay saprate to get easy divorce Thanks

Advocate Suparna Sinha answered
If your brother and sister in law want to go for mutual divorce then the period of separation should be 1 year. Since now they have been separated for more than an year they can file for mutual divorce. If they are not ready to settle for mutual divorce then after a period of 2 years of separation your brother can file for divorce on the ground of cruelty and desertion.

Q: Husband file divorce on desertion & cruelty as wife filed for divorce

Wife secured exparte divorce on mental cruelty within 3 months in Punjab although she is living and working in Mumbai, her brother is in PunjabCan husband file counter divorce in Delhi on new grounds such as desertion and cruelty?

Advocate Suparna Sinha answered
When already divorce has been granted by the court even though exparte then how can a counter divorce be filed(common sense). Your marriage has been dissolved therefore, now no more divorce proceedings can be filed before any Court of law in India or any foreign country.

Q: Want to take legal action against cousin sexually assaulted 17 yrs ago

Dear Sir, My name is , I was 7-8 years old when i was sexually abused by my cousin brother who is around 10 years elder to me. This happened when i visited to his house in 2001, it was New years time. It's been a long time but i couldn't forget the time when he did all this with me, i still feel the pain and suffering. I didn't understand this at that time and didn't tell anyone about it. But it still haunts me and i feel disgusting. I never stayed at his house again after this. But now he is staying in my house with his kids and wife from last one year as a tenant and my all those dark memories got refreshed. I couldn't tell anyone at that time but now I want to overcome this and report it. Please advice me how can i report all that after 17 years. Thanks 

Advocate Suparna Sinha answered
Well it is difficult to report the same at this point of time. Though I understand your pain but legally it will be difficult to prove anything. Therefore, you will have to file a complaint with a new recent incident (even if it is false) and thereafter narrate the incident that happened when you were a child.

Q: Procedure to withdraw an FIR lodged under Section 380 of IPC

In 2015 I nabbed a man stealing my roommate's phone. He was handed over to police, and an FIR was lodged by me against the accused under my name since I had nabbed him, even though he had not stolen any of my belongings. Now I have come to know that hearing of case has begun. I don't know if the accused has ever attended the trial, and I have been summoned by the court. FIR is lodged under SECTION 380. I don't want to pursue the case. Whereabouts of my roommate is also unknown to me. I am involved just because it was filed by me. HOW CAN I WITHDRAW THE CASE? There are little chances of the accused attending the trial. Please help me in both the cases of accused present and absent. Thank you!

Advocate Suparna Sinha answered
FIR can never be withdrawn since its a cognizable offence and the same can only be quashed by the High Court. You will not have to attend the case trial all the time. The summon must only be for recording your statement but without looking at the summon nothing can be said. It is just a matter of one or two days that you have to attend the matter.